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RELATIONSHIP BY BLOOD CANNOT DISQUALIFY A WITNESS AS BEING A TAINTED WITNESS

Dictum

The fact that he (PW 4) is a brother to the deceased with but more, cannot in my view make or turn him into a tainted or biased witness. He was not shown to have been an accomplice in the commission of the offence nor that he had any interest or purpose of his own to serve as such witness. Relationship by blood without any more cannot tantamount to a disqualification from being a prosecution witness, and I am not aware of any of our laws which provide as such. Consequently, the evidence of PW 4 in my view requires no corroboration. Ishola v. The State (1978) 9 & 10 SC81; Onafowokan v. The State (1986) 2 NWLR (Pt. 23) 496; Arehia & Anor v. The State (1982) 4SC7 8; Hausa v. The State (1992) 1 NWLR (Pc 219) 600.

— Kutigi, JSC. Oguonzee v State (1998) – SC.131/97

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WHEN IS A WITNESS TAINTED

The position is that a tainted witness is either an accomplice or a witness who has an interest to defend or a purpose to serve in a case in which he is called upon to give evidence as a witness. It has to be shown that the witness has some peculiar interest to protect or purpose to serve in the evidence he gives in a case in order to make him a tainted witness.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

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PROSECUTION ONLY OBLIGED TO CALL VITAL WITNESS

No doubt, the prosecution is only obliged to call witnesses whose evidence is vital to the determination of the case for the prosecution and whose evidence would settle vital points of facts one way or the other to remove any element of doubt in respect of the guilt of the Defendant from the case of the prosecution.

– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016

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WHETHER OR NOT A WITNESS IS AN ACCOMPLICE IS ONE OF LAW

The question whether or not a witness is an accomplice is one of law not of fact and if, as here, the learned trial Judge erred in regarding P.W.(18) as an accomplice (to the crime of conspiracy) it is certainly open to an appellate court (and in this instance, the Federal Court of Appeal) to reverse the erroneous view of the learned trial Judge.

— Idigbe, JSC. Ishola v State (1978) – SC.8/1977

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QUALITY OF TESTIMONY OF WITNESSES

The trial court does not come to a decision by the quantity of the witnesses but on the quality or probative value of the testimony of the witnesses. — O.O. Adekeye, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006

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COURT OF LAW CAN CONVICT ON THE EVIDENCE OF ONE WITNESS

Accordingly, in arriving at a conviction in criminal cases, the court is concerned with whether or not there is sufficient credible evidence of probative value and not the number of witnesses called on an issue. See: Commissioner of Police v. Daniel Kwashie (1953) 14 WACA 319. Where a single witness called by the prosecution is neither an accomplice nor a tainted witness, a court of law is entitled to convict mainly on his credible evidence where his testimony did not by law require corroboration. Once the court is satisfied with the cogency, high quality and credibility of the evidence of a witness and accepts it, conviction based on such evidence should not be interfered with unless such evidence by law requires corroboration. So, in the Daniel Kwashie case, the learned magistrate convicted the appellant on the evidence of one witness. On appeal to the High Court, the learned Judge found that although, corroboration was not required by law, a court was generally reluctant to convict on the evidence of a single witness and proceeded to allow the appeal. On further appeal to the West African Court of Appeal, the appellate judge was reversed and his decision was set aside on the ground that there was sufficient evidence before the learned magistrate on which he based his conviction. It was further held that since the learned magistrate believed the witness and there was no imputation that the sole witness was an accomplice or a tainted witness, it was an error to reverse his decision and the conviction was restored.

— Iguh, JSC. Oguonzee v State (1998) – SC.131/97

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WHO IS A TAINTED WITNESS

A tainted witness falls into one or both of the two categories hereunder listed: (1) A witness who is an accomplice in the crime charged. (2) A witness who, by the evidence he gives, may and could be regarded as having some purpose of his own to serve. Rasheed Olaiya v. The State (2010) Vol. 180 LRCN 1-197 p.34; The State v. Dominic Okoro & Ors (1974) 2 SC 73 at 82; Ishola v. The State (1978) 9-10 SC 73 at 100 .

— N.S. Ngwuta, JSC. Odogwu v State (2013) – SC.122/2009

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